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Patna High CourtCR. MISC./36295/2024allowed

Saket Kumar @ Raushan Kumar @ Raushan v. The State Of Bihar

2024-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36295 of 2024 Arising Out of PS. Case No.-37 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== Saket Kumar @ Raushan Kumar @ Raushan S/O Manoj Kumar Mishra R/O Bare Ki Gali,P.S.- Chawk, Dist-Patna-800008 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krisna Ballabha Sharma For the State :

Mr. Uma Shankar Prasad Singh For the Informant :

Mr. Niranjan Parihar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he along with other co-accused persons are said to have killed the daughter of the informant.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the informant's husband had committed suicide due to unwanted undue pressure upon him by informant's aforesaid brother, Anand Kumar Mishra, who was since long back hell bent upon

Patna High Court CR. MISC. No.36295 of 2024(4) dt.31-07-2024 2/2 compelling the deceased to sell out petitioner's ancestral house of joint family property. He further submits that petitioner along with his whole family has been victimized for no offence committed by them. The petitioner has no criminal antecedent and has been languishing in custody since 28.11.2023.

5. Learned APP for the State as well as learned counsel for the informant opposed the bail petition.

6. Considering the facts aforesaid and the fact that charge-sheet has been submitted under Section 306 of the I.P.C., the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chawk P.S. Case No. 37 of 2023.

7. However, the petitioner is directed to co-operate in the trial. If the petitioner will not appear on two consecutive dates, then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U T